In Case of an Accident
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Truck Accident Lawyers

At our law firm, our skilled team of truck accident lawyers is here to support you and your family In Case of an Accident. We know that commercial vehicles (CMVs) are a part of our daily lives, as we encounter them on our daily commute to work, for example. CMVs play a crucial role in our country's economy, contributing to both national and international trade.

However, these commercial vehicles are also prone to accidents on the road, causing severe damage to entire families. When a truck collision occurs, it can result in injuries for those involved, and tragically, it may lead to the loss of lives. That's why our team of truck accident lawyers is here to serve the victims of these incidents.

We recognize that such accidents can create a need for financial instability and health rehabilitation for the victims. These circumstances can also give rise to psychological and emotional hardships for the victim and their family. We want you to know that you're not alone, and there's a specialized attorney near you ready to fight for the compensation you deserve, regardless of your immigration status.

If you or a family member has experienced such an accident, give us a call and schedule your first consultation with us. It's free and confidential, we're here to help you navigate through this challenging time.

The ABC of Big Rig Accident Lawyers

Truck accidents refer to collisions involving large commercial vehicles, commonly known as trucks or lorries. These accidents can have severe consequences due to the size and weight of commercial motor vehicles. Trucks involved in accidents may include semi-trucks, delivery trucks, dump trucks, or other types used for transporting goods or passengers.

The outcomes of these accidents may range from property damage to serious injuries or fatalities. Due to the complexities involved, legal and insurance considerations often play a significant role in addressing the aftermath of truck accidents.

But what happens if the truck is a government truck? Well, in the United States, filing a lawsuit against the government for an accident involving a government truck is subject to specific legal considerations. The legal principle of sovereign immunity historically protected the government from most lawsuits. However, the Federal Tort Claims Act (FTCA) waives sovereign immunity to some extent, allowing individuals to sue the federal government for certain torts, including vehicle accidents caused by government employees in the scope of their employment.

The ABC of Big Rig Accident Lawyers

Most Common Causes of Truck Accidents

Truck accidents can result from various factors, often a combination of several elements. Understanding the most common causes of truck accidents is crucial for improving road safety. Here are some prevalent reasons behind truck accidents:

Driver fatigue.- Long hours on the road and demanding schedules can lead to driver fatigue. Fatigued truck drivers may experience reduced attention, slower reaction times, and impaired decision-making.

Speeding.- Driving at excessive speeds, whether due to pressure to meet tight schedules or other reasons, increases the likelihood of accidents. Speeding reduces a truck driver's ability to react to unexpected events.

Distracted driving.- Distractions such as phone use, eating, or adjusting in-cab technology divert a driver's attention from the road. Distracted truck driving can have severe consequences due to the size and weight of the vehicle.

Impaired driving.- Driving under the influence of alcohol or drugs significantly impairs a driver's ability to operate a truck safely. Impaired truck drivers pose a substantial risk to themselves and others on the road.

Poor weather conditions.- Adverse weather, such as rain, snow, or fog, can contribute to hazardous road conditions. Reduced visibility and slippery surfaces increase the likelihood of accidents involving trucks.

Inadequate training.- Insufficient training for truck drivers can lead to errors in judgment, improper vehicle control, and inadequate responses to challenging situations on the road.

Equipment failures.- Mechanical failures, such as brake malfunctions or tire blowouts, can cause accidents. Regular maintenance and thorough inspections are essential to prevent equipment-related issues.

Overloaded trucks.- Exceeding weight limits can affect a truck's stability, braking ability, and overall performance. Overloaded trucks are more prone to accidents and can cause more severe damage when involved in a collision.

Improper loading.- Incorrectly loaded cargo can lead to stability issues, affecting the truck's handling. Shifting or unsecured cargo may cause the truck to tip over or create obstacles on the road.

Negligence in maintenance.- Failure to perform regular maintenance checks on trucks can result in mechanical failures. Neglecting maintenance can lead to accidents caused by issues that could have been prevented with proper upkeep.

What Kind of Trucks Do Commercial Vehicle Accident Lawyers Handle?

Commercial Motor Vehicles encompass a wide range of vehicles used for business and transportation of goods. Here are some examples of CMVs with brief descriptions:

  • Semi-truck (or tractor-trailer).- A large truck consisting of a tractor unit (front part) and a trailer (rear part). Used for transporting goods over long distances. Also known as an 18-wheeler.
  • Delivery truck.- Smaller trucks designed for local or regional deliveries. Commonly used by courier services, postal services, and companies delivering goods to businesses and homes.
  • Dump truck.- A truck with a specialized bed that can be tilted to unload its cargo. Used for transporting loose materials such as sand, gravel, or construction debris.
  • Box truck.- A medium to large truck with an enclosed cargo area. Often used for transporting goods that need protection from the weather.
  • Flatbed truck.- A truck with a flat, open cargo bed. Used for transporting large or heavy items that can be securely tied down to a flat surface.
  • Tanker truck.- A truck with a cylindrical tank for transporting liquids, such as fuel, chemicals, or food-grade products.
  • Refrigerated truck.- A truck with a refrigerated cargo area, commonly used for transporting temperature-sensitive goods, including perishable foods and pharmaceuticals.
  • Tow truck.- A truck equipped with a lifting mechanism used for towing vehicles that are disabled, damaged, or illegally parked.
  • Bus.- Larger vehicles designed to transport passengers. This includes city buses, intercity buses, and long-distance coaches.
  • Construction vehicle (e.g., Bulldozer Transporter).- A specialized CMV designed to transport heavy construction equipment, such as bulldozers, excavators, or cranes.
  • Utility truck.- A truck equipped with specialized tools and equipment for tasks such as maintenance, repair, or installation of utilities like electricity, telecommunications, or water.
  • Livestock carrier.- A truck designed for transporting animals, typically used in the agricultural and livestock industry.

Who Can Be Accountable for CMV Accidents?

Several parties can be held accountable for Commercial Motor Vehicle accidents, and liability may be attributed to one or more entities depending on the circumstances. Here are potential parties that can be accountable for CMV accidents:

  • Truck driver.- The driver of the CMV may be held responsible for the accident if their negligent actions, such as speeding, distracted driving, or driving under the influence, contributed to the collision.
  • Trucking company.- The company that owns or operates the CMV can be held liable for accidents caused by factors such as inadequate driver training, negligent hiring practices, or failure to maintain and inspect vehicles properly.
  • Vehicle manufacturer.- If a defect in the truck's design or manufacturing contributed to the accident, the manufacturer could be held responsible. This includes issues with brakes, tires, or other critical components.
  • Maintenance and repair providers.- Entities responsible for maintaining and repairing CMVs can be held accountable if negligence in maintenance contributes to an accident. Failure to address issues like brake failures or tire blowouts may lead to liability.
  • Cargo loaders and shippers.- Those responsible for loading and securing cargo on the CMV may be liable if an accident occurs due to improperly loaded or unsecured cargo. Remember that overloaded trucks can also pose a risk.
  • Government entities.- In cases where road design, signage, or maintenance issues contributed to the accident, government entities responsible for the roadway may share liability.
Who Can Be Accountable for CMV Accidents?

If you're seeking compensation after a truck accident, it's crucial to show that the other driver was at fault or acted negligently. To do this, it's a smart move to hire a personal injury lawyer who specializes in these types of cases, like us!

Your lawyer will collect all the evidence needed to prove fault. This includes getting the police report, gathering statements from witnesses, and even visiting the accident site to investigate. Your experienced attorney will know how to create a solid legal plan to increase your chances of winning the case. Having the right lawyer on your side can make a significant difference in the outcome, and that is why In Case of an Accident is your best shot to seek compensation.

Negligence Explained

General Overview

Negligence, in the context of truck accidents within the American legal system, refers to the failure of a party (individual, company, or entity) to exercise reasonable care, resulting in harm or injury to another party. To establish negligence and seek compensation in a truck accident case, the injured party (plaintiff) generally needs to prove the following elements:

  • Duty of care.- The defendant (potentially the truck driver, trucking company, or others) owed a duty of care to the plaintiff. In truck accidents, this duty often involves operating the vehicle safely and following traffic laws.
  • Breach of duty.- The defendant breached the duty of care through actions like speeding, distracted driving, fatigue, or other forms of negligence.
  • Causation.- The breach of duty directly caused or contributed to the accident and resulting injuries.
  • Damages.- The plaintiff suffered actual damages, such as physical injuries, property damage, medical expenses, or loss of income.

Negligence in Truck Accidents - Texas

In Texas, negligence laws follow a modified comparative fault system. If the injured party is found to be less than 51% at fault for the accident, they can recover damages. However, the amount of damages is reduced by the percentage of fault assigned to them. Texas uses proportionate responsibility, meaning each party involved is responsible for their share of the fault. It's crucial to establish negligence based on the elements mentioned earlier to navigate the comparative fault system effectively.

Negligence in Truck Accidents - California

California follows a pure comparative fault system. Even if the injured party is primarily at fault, they can still recover damages, but the amount is reduced by their percentage of fault. In California, establishing negligence involves demonstrating the elements of duty, breach, causation, and damages. The comparative fault system allows for recovery even when the injured party shares a significant portion of the blame, making it essential to carefully assess and present evidence in truck accident cases.

What to Do In Case of an Accident?

In Case of an Accident, it's essential to prioritize safety, seek medical attention for injuries, and take appropriate steps to document the incident. Here's a general guide on what to do in case of an accident:

  • Ensure safety.- Move to a safe location if possible, especially if the accident occurred on a busy road. Turn on hazard lights and set up warning triangles or flares, especially at night. Call emergency services if there are serious injuries or if medical attention is needed.
  • Call the police.- Contact law enforcement to report the accident. Obtain a copy of the police report, as it can be crucial for insurance and legal purposes.
  • Exchange information.- Exchange names, addresses, phone numbers, insurance information, and vehicle details with the other party involved in the accident. Obtain contact information from any witnesses.
  • Document the scene.- Take photos of the accident scene, including vehicle damage, license plates, road conditions, and traffic signs. Note the time, date, and location of the accident.
  • Do not admit fault.- Avoid admitting fault or making statements that could be interpreted as an admission of guilt. Stick to factual information when talking to the other party, witnesses, or law enforcement.
  • Seek medical attention.- After a truck accident, it's crucial to see a doctor, even if you don't feel hurt right away. Some injuries, like whiplash or head injuries, might not show up immediately, and symptoms can appear hours or even days later. There could be internal injuries that are not obvious but could be serious. A medical evaluation can be crucial for your health and any future claims.
  • Notify your insurance company.- Report the accident to your insurance company in the upcoming days. Provide accurate and detailed information about the incident. If the insurance company of the at-fault driver gets in touch with you, don’t talk with them. We’ll handle this, let us deal with them.
  • Preserve evidence.- Keep records of all medical treatments, repair estimates, and other expenses related to the accident. Retain all documentation, including the police report and photos taken at the scene.

What Can Semi Truck Crash Attorneys Get for You?

Our tractor-trailer injury attorneys work to secure various benefits and compensation on your behalf if you've been involved in a truck accident. Here are some key benefits that truck accident lawyers aim to obtain for their clients:

  • Medical expenses.- Truck accident lawyers seek compensation for all medical expenses related to the accident, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical care. If you have personal injury protection insurance, that's the first thing that can help pay for your medical bills and cover your lost wages if you can't work and get your regular paycheck before you get the reimbursement within the compensation.
  • Lost wages and income.- If the accident causes you to miss work or results in a reduced capacity to earn, our lawyers work to secure compensation for lost wages and future income.
  • Pain and suffering.- Our truck accident attorneys pursue compensation for the physical and emotional distress, pain, and suffering caused by the truck accident.
  • Wrongful death compensation.- In cases of fatal truck accidents, our trucking accident lawyers may seek compensation for the surviving family members, including funeral expenses, loss of financial support, and emotional distress. Spouses, parents, children, or a representative of the deceased person’s estate can typically file a wrongful death lawsuit.
What Can Semi Truck Crash Attorneys Get for You?

How Do Our Trucking Accident Lawyers Work?

First of all, we work on a contingency fee basis. We're here to look out for your well-being, and that's why we operate this way. Simply put, if we don't win your case, you don't pay. And when we do win, what we charge is a small percentage of the total compensation we've secured for you and your family. This means you don't have to directly pay us from your pocket. We're here to make the legal process as stress-free as possible for you and ensure that you only pay if we successfully get the compensation you deserve.

Besides, we work swiftly. In most places, including California and Texas, the statute of limitations states a two-year window for us to file a claim. No worries, time’s not up – yet. Our investigation, negotiation, and duty will be under this time to ensure you receive the compensation.

Find 18-Wheeler Accident Lawyers Near You

If you've been in an accident, there's a truck accident attorney near you. At our 100% Hispanic law firm, we have two offices in the southern United States:

We, the truck accident lawyers from In Caso of an Accident, are here to fight for your compensation del choque al cheque. With over 20 years of experience serving our Latino community, we know how to build a strong case, and we will. If you or a family member has experienced an accident, give us a call and request your first consultation, which is free and confidential.